What Happens at a Tribunal Hearing for a Partner Visa?

Who attends a partner visa Tribunal hearing?

A partner visa Tribunal hearing is usually attended by the Tribunal Member, the review applicant, the sponsor and any witnesses the applicant has asked to give evidence. The Department does not normally send anyone to argue its case. A representative can attend with the applicant and make submissions, but the Member asks most questions directly of the applicant and the sponsor. Our article on the partner visa ART hearing explains how the day usually runs.

What questions does the Tribunal Member ask at a partner visa hearing?

The Tribunal Member asks questions aimed at the issues that led to refusal, together with general questions about how the relationship began and how the couple live now. Common topics include the first meeting, the decision to live together or marry, finances, household arrangements, time spent apart and future plans. The four aspects of the relationship, explained in our guide to the partner visa four pillars, shape much of the questioning. The applicant and sponsor are often questioned separately so the Member can compare their answers. Inconsistent answers about simple shared facts can damage credibility, so couples should review their own application and relationship statement before the hearing.

Can new evidence be given at a Tribunal hearing?

New evidence can be given at a partner visa Tribunal hearing, because the Tribunal decides the case on the evidence before it at the time of its decision. Written evidence and submissions are best provided before the hearing so the Member has time to read them. Our article on ART evidence for a partner visa explains what evidence tends to address common refusal reasons.

Is a Tribunal hearing held in person or by video?

A Tribunal hearing for a partner visa may be held in person at a Tribunal registry or by video, depending on the Tribunal's arrangements and the circumstances of the case. The hearing invitation states the format, the date and how to ask for a change. Applicants should read the invitation carefully and respond by the date it gives, because failing to attend can lead to a decision without further notice. Witnesses who cannot attend in person can sometimes give evidence by telephone or video if the Tribunal agrees in advance, and written statements from them should be provided before the hearing in any event.

What happens after the partner visa hearing ends?

After the partner visa hearing ends, the Tribunal Member either gives the decision orally at the hearing or reserves it and sends a written decision later. If the Member sets the refusal aside, the application returns to the Department to finish processing. If the Member affirms the refusal, the applicant's options narrow quickly, as our article on partner visa refused appeal options explains.

How does My Migration Lawyers prepare couples for a partner visa hearing?

My Migration Lawyers prepares couples for a partner visa hearing by mapping every refusal reason to the evidence and testimony that answers it, then lodging written submissions before the hearing. The firm explains the process to the applicant and sponsor so they know what the Member will focus on, and attends the hearing to make submissions. Couples can read more about our work on partner visa refusals and the firm's broader visa refusal practice.